Long-Term Disability Business Employee. Notwithstanding anything to the contrary in this Section 6.1, if any Business Employee (other than an ARD Employee) who is receiving long-term disability benefits as of the Closing Date pursuant to a Seller Benefit Plan principally covering employees employed in the United States is, within twelve (12) months following the Closing Date, able to return to work (such employee, an “LTD Employee”), Purchaser shall offer employment to such LTD Employee on terms consistent with those applicable to Business Employees generally under this Article VI. With respect to each such LTD Employee who commences employment with Purchaser, references to “Closing” and “Closing Date” in this Article VI shall be deemed to refer to the date that such Business Employee commences employment with Purchaser; provided that the foregoing shall not apply for purposes of Section 6.2.
Long-Term Disability Business Employee. Notwithstanding anything to the contrary in this Section 9.1, with respect to any Business Employee who is receiving long-term disability benefits as of the Closing Date pursuant to a Seller Benefit Plan principally covering employees employed in the United States (each, an “LTD Employee”), Seller shall cause such LTD Employee to remain employed by Seller or its Controlled Affiliates (other than an Acquired Company) or transfer the employment of such LTD Employee from an Acquired Company to Seller or a Controlled Affiliate (other than an Acquired Company), as applicable. To the extent such LTD Employee is, within twelve (12) months following the Closing Date or such later date as required by applicable Legal Requirements, able to return to work, Purchaser shall offer employment to such employee on terms consistent with those applicable to Business Employees generally under this Article IX. With respect to each such LTD Employee who commences employment with Purchaser, such LTD Employee shall be deemed a Transferred Employee and references to the “Closing Date” in this Article IX shall be deemed to refer to the date that such LTD Employee commences employment with Purchaser or any of its Affiliates. Each Business Employee who is receiving long-term disability benefits as of the Closing Date pursuant to a Seller Benefit Plan principally covering employees employed outside of the United States shall remain employed by the applicable Acquired Company on the Closing Date, including following a transfer of such Business Employee’s employment to an Acquired Company pursuant to Section 9.1(a).
